Thursday, November 21, 2024
Hawai'i Free Press

Current Articles | Archives

Friday, December 13, 2019
​'Gut and replace' has got to go
By Keli'i Akina PhD @ 5:23 PM :: 4398 Views :: Ethics, Hawaii State Government, Higher Education

'Gut and replace' has got to go

From Grassroot Institute, Dec 13, 2019

Shakespeare once wrote that, “A rose by any other name would smell as sweet.” But in the Hawaii State Legislature, the name of a bill is everything. 

In fact, the name game is at the heart of the Legislature’s practice of “gut and replace,” under which an approved bill’s title might be the only relationship it has to its originally introduced version. This makes a mockery of the democratic process and undermines the people’s faith in open, accountable government.

Fortunately, the movement against “gut and replace” is gaining steam. Earlier this month, former University of Hawaii regent Jeff Portnoy filed a lawsuit against the state for gutting at the last minute the language of a bill about distance-learning programs and replacing it with a provision to change the composition of the UH Board of Regents. 
As reported in the Honolulu Star-Advertiser, Portnoy’s lawsuit “argues that passage of Act 172 was unconstitutional because the contents of the measure didn’t receive three readings in the House and Senate as required under the Hawaii Constitution.” 

Portnoy’s complaint comes on the heels of another lawsuit aimed at gutting “gut and replace,” filed last year by the League of Women Voters of Honolulu and Common Cause. Their legal effort was rejected in Circuit Court, but they have now applied to the Hawaii Supreme Court to hear the case.

And that’s where the Grassroot Institute of Hawaii comes in.

This week, we filed an amicus brief in support of that League of Women Voters and Common Cause lawsuit. As we explain in the brief, the important question is whether the title of a bill is everything, or whether the public deserves a real chance to weigh in on a bill’s substance. 

“Gut and replace” frustrates the intent of the state’s constitutional requirement of public hearings and readings, and prevents full public participation in the legislative process. Those who wonder why voter apathy in Hawaii is at an all-time high only need to look at practices like “gut and replace” to understand why Hawaii’s voters have so little faith in government.

The Hawaii Legislature could end “gut and replace” on its own, by passing rules that prevent substantial changes to a bill that has passed in one house. It could also require more specific titles for bills and ensure that the public gets the opportunity to weigh in on the substance of every bill considered. 

However, if the Legislature won’t take action, then it is up to us, “the people,” to ask the courts to uphold transparency and protect the democratic process by putting an end to “gut and replace.”

E hana kakou! (Let's work together!)  

Keli'i Akina, Ph.D.
President/CEO 

Related: Legislature's "Gut-And-Replace" Procedure Violates Hawaii Constitution Three Readings Requirement

 

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii